Groningen Journal of International Law

International Law Under Construction


Leave a comment

Future of Armenia and Azerbaijan Disputes in the International Court of Justice: Parallel Proceedings or Joinder

Katayoun Formica Hosseinnejad

Introduction

Between 14-15 October 2021, the International Court of Justice (ICJ) held its public hearings on the request for the indication of provisional measures submitted by Armenia in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) (Armenia v. Azerbaijan). The week after, the Court held its public hearings on the request of Azerbaijan for indication of provisional measures but not in the same case, rather in a separate proceeding that Azerbaijan initiated against Armenia seven days after the filing of the first. As evident from their titles, both cases concern the alleged violation of CERD by the other State, particularly during the 2020 armed conflict in Nagorno-Karabakh. While the Court is still in deliberations for indication of provisional measures requested by the two States, this post aims to discuss a more general question about the future of these two proceedings. More specifically, it seeks to examine whether there will be any possibility of joinder of these two cases in light of the ICJ jurisprudence.

Continue reading


Leave a comment

The International Court of Justice on the Chagos Archipelago Situation: a Turn to Human Rights in a Traditional Court

Andrea Trigoso | andrea.trigoso@gmail.com

On February 25, the International Court of Justice (ICJ) issued its advisory opinion on the legal consequences of the separation of the Chagos Archipelago. The decision was not favorable to the UK, as it concluded that the process of decolonization of Mauritius was not lawfully completed when the country was granted its independence, because it was conducted in breach of the already crystallized right to self-determination.

Continue reading


1 Comment

TWAIL Coordinates

Luis Eslava | L.Eslava@kent.ac.uk

2179148130_69223f7014_z(1)

Tenant purchase borrowers in front of their house in rural Puerto Rico (c. 1941–42). FSA-Office of War Information Collection. Library of Congress, Washington, D.C., USA.*

Third World Approaches to International Law, best known by its acronym TWAIL, is a dynamic, intentionally open-ended and decentralised network of international law scholars who think about and with the Third World.

Within the universe of TWAIL, the ‘Third World’ refers to that expansive and usually subordinated socio-political geography that, during the mid-twentieth century, came to be seen as ‘non-aligned’ – belonging neither to the ‘free’ nor to the ‘communist’ world. Today the Third World is more often referred to, however, as the ‘developing world’, the ‘post-colonial world’, or the (Global) South. In our intensely unequal, racialised, gendered, environmentally precarious global order, confronting a proliferation of Souths in the North and Norths in the South, this socio-political geography can perhaps be better characterised as ‘most of the world’.

Continue reading